Reagan, Obama actions keep American Dream alive

It was more than 25 years ago that President Ronald Reagan proclaimed amnesty for certain foreign nationals then living in the United States with no immigration status [1]. An administration program begun on Aug. 15 has now given hope to a special pool of such people. They are those who were brought to the United States as children without inspection or with a visa that has since expired. The program is styled Deferred Action for Childhood Arrivals, or DACA, called "Obama le importas" ("Obama cares") by some.

While not as fulsome as the Reagan initiative, which took the form of a bipartisan statute, the program, in the absence of bipartisan cooperation and through the lawful use of national executive power [3], affords an eligible applicant the benefits of (1) a work permit, and (2) security from removal proceedings, both for two years, subject to renewal. By way of indirect benefit, under current law in some states (including Colorado) and by federal law, an individual with a work permit would be entitled to acquire a state driver's license and a Social Security number. Importantly, however, in contrast to the Reagan amnesty, the program neither confers status nor grants amnesty.

While there are significant exceptions and refinements in program guidelines, as well as important issues of burden of proof, which an experienced immigration attorney would consider in evaluating a client's options, basically a foreign national in the United States is eligible for the benefits, if that individual: (a) has no immigration status; (b) was under the age of 31 on June 15, 2012; (c) came to the U.S. before the age of 16; and (d) had five years of continuous residence in the U.S. for the period ending June 15, 2012, and was present on that day.

Also prescribed is either past honorable service in the U.S. military or school attendance, which may take many forms, including enrollment in a GED program. Defined criminal conviction(s) can disqualify. The filing fee is $465 for the work permit.

Some political observers foresee that in future Congresses, the political parties could well join in bipartisan passage of a DREAM Act that would essentially benefit the pool of people eligible for DACA by, like the Reagan amnesty, conferring permanent residence and potentially leading to U.S. citizenship, much like the vigorous but failed effort by President Bush in 2007.

As young people dream their future in the only country they have ever known, where they would at long last live free of fear and be enabled to contribute to American society to their full potential, they are dreaming in that generous, quintessentially American realm foreshadowed by the Founding Fathers and created by Presidents Ronald Reagan and Barack Obama.

[1] The Republican presidential candidate has in effect accepted the basis for the exercise of presidential power. Withdrawing his long-stated insistence on "self-deportation," on Oct. 2, he appeared to suggest to the Denver Post that he would continue DACA for its initial two years; however, later that day his position was "clarified" to the Boston Globe to mean that only applications approved by his inauguration would be honored.

[2]The Immigration Reform and Control Act of 1986. During debate, reference was made to the seventh of the Declaration of Independence's grievances against the Crown, viz., that the King had obstructed the laws for naturalization of foreigners and had refused to pass laws "to encourage [Foreigners'] immigration hither," evidently a central concern of the Founding Fathers.

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Reagan, Obama actions keep American Dream alive

It was more than 25 years ago that President Ronald Reagan proclaimed amnesty for certain foreign nationals then living in the United States with no immigration status [1]. An administration program